DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 2315-09
17 February 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 17 February 2010. The names and votes of the
members of the panel will be furnished upon request. Your
allegations of error and injustice were reviewed in accordance
with administrative regulations and procedures applicable to the
proceedings of this Board. Documentary material considered by
the Board consisted of your application, together with all
Material submitted in support thereof, your naval record, and
applicable statutes, regulations, and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 18 January 1991 at age 18 and served
without disciplinary incident until 28 December 1992, when you
' began a five day period of unauthorized absence (UA) that was not
terminated until 2 January 1993. During the period from 12 March
to 12 May 1993 you were again in a UA status,for 61 days and
declared a deserter. ‘
On 13 May 1993 you were referred for a psychiatric evaluation
because of your suicidal ideation and self-injurious behavior.
You were diagnosed with adjustment and personality disorders.
The record states that your personality disorder was of such
severity as to present a continuing risk to yourself and others.
On 25 May 1993 you were notified of pending administrative
separation action by reason of misconduct due to commission of a
serious offense as evidenced by the two periods of UA totalling
66 days. At that time you waived your right to consult with
legal counsel and to present your case to an administrative
discharge board (ADB). On 7 June 1993 your commanding officer
recommended discharge under other than honorable conditions by
reason of misconduct due to commission of a serious offense. On
14 June 1993 the discharge authority approved this recommendation
and directed your commanding officer to issue you an other than
honorable discharge by reason of misconduct due to commission of
a serious offense, and on 16 June 1993, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. It also
considered your assertion that you requested a hardship discharge
due to financial and family problems. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your misconduct, specifically, the lengthy period of UA from
the Navy. Further, you were given an opportunity to defend
yourself, but waived your procedural right to present your case
to an ADB. Finally, there is no evidence in the record, and you
submitted none, to support your assertion that you requested a
hardship discharge. Accordingly, your application has been
denied.
Tt is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
NAVY | BCNR | CY2009 | 09595-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 July 2010. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. After waiving your procedural rights to legal counsel and an administrative discharge board (ADB), your commanding officer recommended discharge...
NAVY | BCNR | CY2008 | 00687-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 November 2008. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. Subsequently, you were notified of pending administrative separation action by reason of misconduct due to commission of a serious offense,...
NAVY | BCNR | CY2010 | 03038-10
A three-member panel of the Board for Correction of Naval Records, 7itting in executive session, considered your application on 25 January 2011. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. On 5 December 1994 an ADB recommended discharge under other than honorable conditions by reaton of misconduct due to commission of a...
NAVY | BCNR | CY2010 | 07403-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 July 2010. Documentary material considered by the Board consisted of your application, together with all Material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. After waiving your procedural rights to consulting with legal counsel and present your case to an administrative discharge board (ADB), your...
NAVY | BCNR | CY2009 | 02203-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your . Documentary material considered by the Board consisted of your application, together with aii Material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.
NAVY | BCNR | CY2008 | 05187-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 March 2009. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. You continued to serve without disciplinary incident until 6 May 1988, when you received nonjudicial punishment (NJP) for a four day period...
NAVY | BCNR | CY2010 | 06724-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 April 2011. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and polileies. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2010 | 02193-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 January 2011. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2008 | 02464-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 February 2009. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2009 | 02306-09
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. Subsequently, the discharge authority approved this recommendation and directed your commanding officer to issue you an other than honorable discharge by reason of misconduct due to civil conviction, and on 7 March 2006, you were so discharged and were assigned an RE-4 reenlistment code. ...